The administration of justice is the process by which the
legal system
The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history an ...
of a government is executed. The presumed goal of such an administration is to provide
justice
Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...
for all those accessing the legal system. The phrase is also commonly used to describe a University degree (Bachelor of Arts in Administration of Justice), which can be a prerequisite for a job in law enforcement or government.
Australia
In ''Attorney General for New South Wales v Love'' (1898), the appellant argued that section 24 of the Act 9 Geo 4 c 83 did not have the effect applying the
Nullum Tempus Act (9 Geo 3 c 16) (1768) to
New South Wales
)
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, image_map = New South Wales in Australia.svg
, map_caption = Location of New South Wales in AustraliaCoordinates:
, subdivision_type = Country
, subdivision_name = Australia
, established_title = Before federation
, es ...
. Counsel for the appellant said that ''Whicker v Hume'' (1858) decided that section 24 referred not to laws generally, but only to laws as to modes of procedure, and that the Nullum Tempus Act did not deal merely with procedure. The Lord Chancellor said that the Act 9 Geo 4 c 83 ''
prima facie
''Prima facie'' (; ) is a Latin expression meaning ''at first sight'' or ''based on first impression''. The literal translation would be 'at first face' or 'at first appearance', from the feminine forms of ''primus'' ('first') and ''facies'' (' ...
'' "applied the Nullum Tempus Act to the Colony in question as much as if it had re-enacted it for that Colony." He then said:
Canada
Section 92(14) of the Constitution Act, 1867, also known as the Administration of Justice power, grants the provincial legislatures of Canada the authority to legislate on:
:14. The Administration of Justice in the Province, including the Constitution, Maintenance, and Organization of Provincial Courts, both of Civil and of Criminal Jurisdiction, and including Procedure in Civil Matters in those Courts.
Ontario
Section 1 of the Administration of Justice Act (RSO 1990 c A6) provides:
This provision was previously section 1 of the Administration of Justice Act (RSO 1980 c 6), which was previously section 1 of Administration of Justice Act (RSO 1970 c 6), which was previously section 1 of Administration of Justice Act 1968 (SO 1968 c 1) (17 Eliz 2 c 1). Queen's printer copies of the Statutes of the Province of Ontario 1968 describe this provision as "new". This statute replaced the Administration of Justice Expenses Act (RSO 1960 c 5).
Republic of Ireland
"Offence against the Administration of Justice" is defined b
section 7of the
Criminal Procedure Act 2010.
United Kingdom
In England, the Administration of Justice is a
prerogative
In law, a prerogative is an exclusive right bestowed by a government or state and invested in an individual or group, the content of which is separate from the body of rights enjoyed under the general law. It was a common facet of feudal law. Th ...
of the
Crown. It may be exercised only through duly-appointed
judges
A judge is an official who presides over a court.
Judge or Judges may also refer to:
Roles
*Judge, an alternative name for an adjudicator in a competition in theatre, music, sport, etc.
*Judge, an alternative name/aviator call sign for a membe ...
and
courts
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accorda ...
.
The following matters and things pertain to the Administration of Justice: the organisation of the courts; the prerogative of justice, the
prerogative of mercy
In the English and British tradition, the royal prerogative of mercy is one of the historic royal prerogatives of the British monarch, by which they can grant pardons (informally known as a royal pardon) to convicted persons. The royal prero ...
, and any prerogative power to create new courts;
; the appointment, tenure and immunity of judges; the immunity of other participants in legal proceedings;
contempt of court
Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the cour ...
; the composition and availability of juries, any requirement that their verdict be unanimous, and the allowances they receive; the branches of the legal profession; and the provision of
legal aid
Legal aid is the provision of assistance to people who are unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to c ...
and advice.
The Administration of Justice is an act which is normally associated with the carrying on of the business of government. When a government does that act, it is thereby exercising its sovereignty. It would accordingly be a violation of British sovereignty for a foreign government to do that act in British territory without authorisation. Section 2 of the
Visiting Forces Act 1952 authorises foreign service courts to exercise their jurisdiction in the United Kingdom.
There are
offences against the Administration of Justice.
For the purpose of section 54 of the
Criminal Procedure and Investigations Act 1996, the following are Administration of Justice offences:
*The offence of
perverting the course of justice
*The offence under section 51(1) of the
Criminal Justice and Public Order Act 1994
*An offence of aiding, abetting, counselling, procuring, suborning or inciting another person to commit an offence under section 1 of the
Perjury Act 1911.
The offence of perverting the course of justice has been referred to as "interfering with the Administration of Justice" and/or "obstructing the Administration of Justice".
Section 6(c) of the
Contempt of Court Act 1981 provides that nothing in the foregoing provisions of that Act restricts liability for contempt of court in respect of conduct intended to impede or prejudice the Administration of Justice.
An
Arrestable offence, other than one specified in Schedule 5 to the
Police and Criminal Evidence Act 1984
The Police and Criminal Evidence Act 1984 (PACE) (1984 c. 60) is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, and provided codes of practice for the exercise ...
, was
serious for the purposes of that Act if it led to, or was intended or likely to lead to, amongst other things, serious interference with the Administration of Justice. An arrestable offence which consisted of making a threat was serious for the purposes of that Act if carrying out the threat would be likely to lead to, amongst other things, serious interference with the Administration of Justice.
In any legal proceedings held in public, the court may, where it appears to be necessary for avoiding a substantial risk of prejudice to the Administration of Justice in those proceedings, or in any other proceedings pending or imminent, order that the publication of any report of the proceedings, or any part of the proceedings, be postponed for such period as the court thinks necessary for that purpose.
Information which is not exempt information by virtue of section 30 of the
Freedom of Information Act 2000
The Freedom of Information Act 2000 (c. 36) is an Act of the Parliament of the United Kingdom that creates a public "right of access" to information held by public authorities. It is the implementation of freedom of information legislation in ...
is exempt information if its disclosure under that Act would, or would be likely to, prejudice the Administration of Justice.
Quotes
Roscoe Pound
Nathan Roscoe Pound (October 27, 1870 – June 30, 1964) was an American legal scholar and educator. He served as Dean of the University of Nebraska College of Law from 1903 to 1911 and Dean of Harvard Law School from 1916 to 1936. He was a memb ...
said: "Dissatisfaction with the Administration of Justice is as old as the law".
[Brown, Louis M. "The Role of the Law Office in the Administration of Justice" (1981) 67 ABA Journal 112]
Digitized copy
from Google Books.
See also
*
Administration of Justice Act
*
Open court principle
References
Bibliography
*James, John S. "Administration".
Stroud's Judicial Dictionary of Words and Phrases. Sweet & Maxwell. London. 1971. SBN 421 14290 1. Page 68.
*Bar Council. Code of Conduct for the Bar of England and Wales. 5th Edition. Paras 201(a)(ii) and (iii) and 202.
*G Glover Alexander. The Administration of Justice in Criminal Matters (In England and Wales). Cambridge University Press. First Published 1915. Reissued 1919.
Google Books
*William H Morley. The Administration of Justice in British India; Its Past History and Present State: Comprising an Account of the Laws Peculiar to India.
Williams and Norgate
Williams and Norgate were publishers and book importers in London and Edinburgh. They specialized in both British and foreign scholarly and scientific literature.
Williams & Norgate was founded in the winter of 1842 by Edmund Sydney Williams (18 ...
. 1858
Google Books
*Miller, John. On the Administration of Justice in the British Colonies in the East-Indies. Parbury, Allen and Co. London, Leadenhall Street. 1828
Google Books
*"Contracts prejudicial to the Administration of Justice". T Anthony Downes. Textbook on Contract. Fourth Edition. Blackstone Press. 1995. Paragraph 8.7.3.2 at page 188.
External links
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Legal systems
Legal doctrines and principles
Justice
Common law legal systems